How Long After-the-Fact Can You Be Charged With a Crime
My question involves criminal law for the state of: Michigan
Hi. 6 years and a week ago i crashed into a few cars, refused the breath test and was administered a blood test at the hospital. That was the last I heard of all of this. I was arrested but never charged. So Ive spent the last 6 years getting my affairs in order and i need to get to work on getting my license back. License was suspended for a year because I refused the PBT. The secretary of state told me I need to clear this thing up before I can do anything with my license. Now this driving charge is a felony. According to http://www.legislature.mi.gov/(S(nju...ame=mcl-767-24 the statute of limitations was up at 6 years. I looked up the MCL numbers per #2 in the list and they regard criminal sexual conduct things. As far as I can tell I am safe from prosecution. My questions. What am I missing? Also: would the blood evidence still be sitting on a shelf somewhere? Could i still be convicted of this crime?
some more possibly useful info. The police dept that could have been considered the complainant has recently been closed and policing in the city is now handled by the county. As of right now this is still hanging over my head. I don't have any warrants. I spoke to an attorney that offered to represent me for 1500. However, if hes just going to ask them to dismiss the charge because of the statute of limitations. Seems like an awful lot of money for something i should be able to do myself. Is there more to this than meets the eye? If it wasn't for the drivers license part i wouldnt ever try to do anything about this.
Re: Statute of Limitations
The statute of limitations stopped as soon as you were arrested. SOL only applies to crimes committed without an arrest so it doesn't apply to you. The attorney isn't going to ask them to dismiss so you probably should hire him to represent you and clear it all up.
Re: Statute of Limitations
but arrested and not charged? How long do they get to wait before charging me? Is it indefinite? Could they kick my door down for this in 2040? I was released from the hospital... so i dont know if i was arrested. It was so long ago Would i be better off just leaving it alone perhaps?
How about the whole... you have the right to a fair and speedy trial thing? Even if SOL doesn't apply to my particular case
actually rebeka. You are the only one I have heard this from. Ive been all over the internet. Can you provide proof of this?
Re: Statute of Limitations
The statute of limitations stops running when you're charged. If you're arrested but released without charges, or are initially charged but the charge is (for some reason) dismissed, the statute of limitations runs. You say "...if hes just going to ask them to dismiss the charge..." - were you charged or not and, if so, when?
Re: Statute of Limitations
hi aaron. So what am i looking at then? Dept no longer exists to even charge me. Can the county charge me? Since I was released does that mean i was charged and it was dismissed and the SOL started running again once I was kicked loose? Im trying to understand what is going on here? What my next move should be.
so there was an arrest slip. I was picked up at the city lockup the next morning with an arrest slip for confinement in the county jail. (not the hospital after all) I was talked out of this city lockup without any money changing hands. Signed out so to speak. And there is a charge on the slip OUI drugs (F) Then nothing. Did they drop the ball. Did a prosecutor decide not to charge me for some reason? So again. I ask this. Do they have infinite time to issue a warrant? If this isnt a SOL scenario I dont even know how to approach it.
When you say were you charged or not, if so when? All i know is there is that charge on the arrest slip for confinement for OUI and nothing ever came of it. As it stands right now there is no warrant for my arrest on this incident. Does this mean i wasn't charged? I dont know.